The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-11-11

"
FRANKLIN S. RICHARDS,
LIE GRANDE YOUNG,
e Solicitors for said Defendants.
e In THE SUPREME COURT OF THE
t TERRITORY OF UTAH. No.
..........OF.. TERM.
s In Equity.
The United States of America, Plain
The Perpetual Emigrating Fund Com
Company, Albert Darlington, +. d
Richards, +. M. Lyman, II. S. Ell
dredge, Joseph F. Smith, Angus
M. Cannon, Moses Thatcher, John
R. Winder, Henry Dinwoodey,
Robert T. Burton, A. o. Smoot and
Il. B. ClaWson, defendants.
The Joint and several answer of the
Perpetual Emigrating Fund Company,
Albert Darlington, F. D. Richards, F.
NJ. Lyman, H. S. Eldredge, Joseph f.
Smith, Angus M. Cannon, Moses That
cher, John R. Winder, Henry Din
woodey, Robert T. Burton, A. o. Smoot
and Il B Clawson, defendants to the bill
of complaint exhibited against themfin
this court Oy theUnited Statesres, pect-
fully shows:
: These defendants now and at all
times hereafter, saving and reServing
to themselves all manner of eXcep-
tiOnS to the many inSufficiencies, I'M
certaintieS and Inconsistencies in said
bill contained, and praying the same
benefits OF this answer as though they
had pleaded or demurreG to the said
bill of complaint, for answer thereto
or to so much thereof as they are adj
vised is necessary or material for them
to answer, answering say:
! First: These defendants admit that
on the oath of September 1850, the AS
sembly of the Provisional Government
OF the State of Des9ret, which was
afterwards organized as the Territory
OF Utah, passed an ordinance author
lzing the incOrp oration of the Per-
petual Emigratiag Fand Company,
which ordinance was afterwards, on
the 18th day of January, 1856, re-enact-
ed and amended by an act of the Leg
islative Assembly of the Territory of
Utah: and that in pursuance of the
provisions of the said ordinance and act |
the Perpetual Emigrating Fund Com
pa0y was organized as corporation |
and has exercised the powers confer |
red upon it by the aforesaid acts of in
corporation.
Second. These defendan is admit
that the sPerpetual Emigrating Fund
Company was, on the 18th day of Feb
ruary 1887 ia corporation for the pur-
poses expressed in the said acts of In
corporation, and still continues to ex-
lst as corporation, and AYERS that by
virtue of the said acts of incCrpora-
ton it is entitled to and has perpetual
succession.
Third. These defendants admit that
Albert Darlington is the president of
said corporation, and that +. d. Rich
ards, F. M. Lyman, H. Eldredge,
Joseph +. Smith, Angus NJ. Cannon,
Moses Thatcher, John r. Winder, A.
o. Smoot and II. B. ClaWson are as
slstants, and that the said persons
constitute the officers of said corpora
ton.
Fourth. These defendants admit that
ia pursuance of the powers conferred
upon said corporation by it's said
charter it has, from time to time, re-
celved donations ia money and other l
personal property, all of which it has, ]
from time to time, expended for the
uses and purposes in the said charter
but aver that it has never ,
held or owned at any time since its in
corporation any real estate whatso- \
ever; that the contributions to it's :
funds have been by it eXpended,as they l
have been contributed, and that at no
Time has any fund remained on hand :
tor any length of time; that 1t did not Il
IN the 10Th day of February, 1887, nor o
IN the 3rd day of March, 1887, hold, o
OWN or possess any real or per
'onal property whatsoever, save 4
IND except certain promissory notes, II
which had been heretofore given to il +
~ emlgrants in payment of advances p
made by the said corporation to them IL
o assist them in their emigration, and q
which said notes are for the most part Il
AIRED by the statute of limitations, g
noticeable, and of no value, and b
7holly worthless. l,
Fifth. These defendants admit that U
a the 18th of February, 1887, az act
1aS passed by the Senate of the United
Cates, by which the ordinances of the
rovlSiOnal Government of the State
DeSeret, as re-enacted aud amended rs
y the act of the Legislature of the 81
'erritory OF Utah, was attempted Il
nd pretended TO be disapproved, an M
ulled and repealed, and the corpora ~
on of the Perpetual Emigrating Fund o,
company was attempted ana pretend n
Ivy ana assets in excess OF It's debts ar
nd lawful claims were attempted Il,
No pre- ended to be es- r.
heated to the United States, but q,
YER that the said act did not become O.
law until the 5rd day of March, 1887. or
nd your defendants aver that the ~
lld act did not, and could not law q,
lily dissolve or diSiRcorporate the ~ ~
ild Perpetual Emigrating Fund Com " "
any; that by toe terms of the acls "
Incorporation hereinbefOre ra gu
FRED to the said corporation was u
-anted perpetual succession. andtb or
: the acceptance OF the said charter Ne
lie said acts aforesaid became con or
acts between the incorporates OF pf
I'D corporation, on the one part, and IrC
lie Territory OF Utah and the United
tates 90 the other part; and your
9fendaats further aver that it was not 8r
itain the constitutional powers OF wi
lie Congress Of the United States to g!
ag1 nj -